1. Allowing students from partner institutions access to licensed resources requires determining if the partnership arrangement allows it according to the licence terms. 2. Publishers may restrict providing access to students in certain territories due to their sales organizations, licensing rights, or desire to avoid reputational damage. 3. Chest licenses are granted specifically to an institution and do not automatically extend to partners as licensing is a private agreement between the publisher and licensee.

1. Partnership Licensing
Allowing access to your licensed resources
• Would you?
• Could you?
• Should you?
Eduserv Chest Team 16 Sept 16

2. 1. Your student - access is allowed
2. Not your student – all access if you have an extension to your
standard licence
3. Student of one of your partners – access may not be allowed
Partnerships - giving access to online resources

3. • Eduserv Student Decision Maker Tool – if the answer is
generally yes to all questions the student is YOURS and
should be included in your core licence!
• www.eduserv.org.uk/decisionmaker
Are the students yours?

5. HEFCE definitions
• For the purposes of HEIFES, ‘college’ means the college including its
connected undertakings
• An ‘undertaking’ includes a body corporate, a partnership, an unincorporated
association or a trust. An undertaking is connected if:
• The college controls that undertaking.
• The college and another undertaking connected with the college control
that undertaking.
• Another undertaking or other undertakings connected with the college
control that undertaking.
• That undertaking is recognised by us as a connected institution as defined
by section 27 of the Teaching and Higher Education Act 1998
• the sole or main purposes, of registering students at that undertaking is to
avoid those students being included within the college’s student number
control allocation.

6. HEFCE 2012 explanations
• A little background, we view validation and registration as two very different things...easiest to think in terms of schools and
exam boards. Validation is simply about the setting and maintaining of standards for exams. An HE student no more belongs
to the validating HEI than a student sitting A-levels belongs to the A-level exam board they belong to their school, in the same
way a student doing a degree belongs to the institution they are registered with not the validating HEI who is essentially an
exam board.
• 1) what do HEFCE mean by “validation” and who should report the student on their HESA return? It doesn’t matter who
designs the course or who validates it (which may be the same or different people) it is who they are registered with, that is to
say who ultimately is the fee paid to.
• 2) what do HEFCE mean by “franchised in” and who should report a franchised in student on their HESA return? A
franchised-in student is a student where the fee is ultimately paid to one body but the student is taught by another, they are
franchised-in at the teaching institution they should be on the HESA record (or FE equivalent the ILR) of the registering
institution.
• 3) what do HEFCE mean by “franchised out” and who should report a franchised out student on their HESA return? The
person franchising-out should report the student, that is to say the person who ultimately receives the fee
• 4) if a student attends only a wholly owned overseas campus of an institution, should that institution include the student only
in the overseas aggregate or in the overseas aggregate and also the main student record? These students would currently
only be on the HESA aggregate offshore return unless they also happen to be temporarily and unavoidably resident outside
the UK and remain subject to UK tax on their earnings (read HM forces)
• 5) if a student attends only an overseas campus which is a partnership between the UK institution and an overseas
educational institution (or company), is the student reported anywhere on the HESA return? Aggregate offshore only
• 6) finally – is it okay for two HE institutions to report the same student as their own? Can they report half a student each?
Can both an HE and FE institution declare the same student either as a whole student or as half a student? A student for a
course can only ever be a student of one institution at any one time.

7. …Students are not yours (UK)
• Sharing may ordinarily be a good thing
But (and there’s always a but!)…
• Not if it’s not legal to do so
• If you wish to cover students who are not defined as
yours you need to decide…

8. Students are not yours…(UK) - 2
How formal is the relationship?
• The Chest Educational Use extension may be
appropriate
Is the relationship informal?
• Validating a qualification?
• Who receives the tuition fees?

9. What about overseas partnerships?
• Publisher territories and local arrangements
• Publisher Paranoia (but with some reason)
• Depends on who you ask!
• Fairness and equality

10. Students are not yours…(Overseas)
Publisher territories and local arrangements
• Agents
• Exclusivity in some countries and
• Variations in prices
• Publishers want a share

11. Students are not yours… (Overseas) - 2
Publisher Paranoia
“Just because you're paranoid doesn't mean they aren't
after you.” ― Joseph Heller, Catch-22
• Loss of data
• Loss of control
• Loss of revenue

12. Students are not yours …(Overseas) - 3
Depends on who you ask!
• UK Account Managers
• Getting to the right person may be tricky
• Change in management
• Change in ownership

13. Students are not yours …Overseas - 4
Fairness and equality / consistency
• Between institutions
• Between partners in same territories
• Regular review

14. Why partner access to Chest Agreement licences can be difficult
Publisher has restricted rights
 The publisher may not be entitled to sell in the partner territory – his own rights might preclude
the territory or he may have exclusively assigned the territory to an agent. Equally, to avoid
reputational damage, a publisher may not wish to sell into a territory where he does not have
an adequate support organisation.
Publisher’s sales organisation
 The way a publisher is organised may mean it’s difficult for the UK licence to be extended to
the partner territory. For example the salesman (or agent) in the partner territory may feel the
UK salesman is stealing his commission. These issues can usually be avoided by escalating
them to the right level in the publisher’s organisation.
Nature of a licence
 It’s important to remember that with any licence you don’t own anything, so just because it’s
physically possible to do something it doesn’t mean you are entitled to do it.
 The resource remains owned by the publisher, he grants you the right to access and use his
property (his resource). As the owner, he is at liberty to place whatever restrictions he chooses
on you.
Licence boundaries
 A licence is a right to use something or to do something. The right is granted to a specified
individual or entity. So a driving licence allows the specific driver (and only the specified driver)
to use the roads, a television licence allows broadcasts to be received at the specified property
and only that property. The right does not automatically extended to other entities or people
just because they are related. Your spouse needs their own driver’s licence. If you own
adjacent houses, you need a TV licence for each of them. In the same way a publisher’s
licence is granted to the university only and not all of its partners and associates.
 Apart from a few flat fee licences, Chest licences are granted to a number users – this may
be the number of users in absolute terms or according to some or other banding or scaling. It
is logical and fair that if the number of users is exceeded, e.g. because the students from an
overseas partners were added, then an extra fee should be due.
Commercial reality
 Your university choses to be involved with the overseas partner for financial reasons. There
is no reason why the publisher, a separate entity with its own financial considerations, should
be expected to subsidise the university’s investment by making the publisher’s property (the
resource) available to more students without charge.
Contractual hierarchy
 A publisher’s relationship/transaction with you is defined by the terms of the licence you have
agreed with him and not by the plans and policies of the government or your university. The
licence is a private agreement between two parties. The government is not a party to the
licence, so government policy does not automatically change the licence. The university is a
party to the agreement but any change to a private agreement requires the consent of both
parties, so the university cannot insist that a licence is extended to its overseas partner(s).
Download the document

15. Are partners all the same?
14 responders reported that at all their partners only:
1. 42% - deliver their courses
2. 39% - students are in their student record system
3. 46% - students are registered in their IT/Library system
4. 14% - they receive tuition fees for the students
5. 16% - students are reported in your statutory returns
Partnerships are different and so different collection
policies for each type of partnership are needed

16. Annex A - Option for Extended Educational Purposes
• A1 …the Licensee may extend its rights by submitting an
Order for this Option and by paying the Fee shown on the
Website.
• A2 …the definition of “Authorised User” in clause 1.1 (a) of
the Main Body shall additionally include any person authorised
by the Licensee to access its information services via Secure
Access and to use the Licensed Material on-site or off-site, in
connection with any Educational Purpose of the Licensee who
is not already covered by the rights granted under clause 2 of
the Main Body.
• A3 All other terms and conditions of the Licence Agreement
are unaffected and continue to apply with full effect.

17. Case Study - Emerald
Extended Educational Use
• Earliest publisher to use our model
• Flat fee for core charges (based on product)
• Low percentage of core fee

18. Case Study - APA
Extended Educational Use
• A model exists!
• Combination of FTE numbers and location determines
fee
• Usually treated as a separate “tiered” site

19. Case Study - Euromonitor
Extended Educational Use
• Recognised the issue
• Wanted a fair and equitable solution
• Based on number of students (tiered)
• Percentage of core fee

20. Essential licence conditions
Even where the student from a partner is allowed access, the usual
constraints apply –
• educational purpose only
• no commercial use/commercial gain
• limits on copying or incorporated into other works
• no selling, leasing or sublicensing

21. some resources
• Middlesex University - Building an international authentication strategy on
OpenAthens
• Aston University - Replacing Shibboleth with OpenAthens to transform online
information access
• Bath Spa University - OpenAthens helps Bath Spa University increase use of
protected resources by 35 percent
• Glossary
• OpenAthens Customer Event on 9 November

22. Questions

23. Questions
• what are you doing now?
• why are (Chest) software licences different?

24. Chest Agreements – we are here to help
• Thanks for listening
• Q & A
• Martyn Jansen – Contracts & Legal Manager
Martyn.Jansen@eduserv.org.uk
• Nikki Green – Business Development Manager
Nikki.Green@eduserv.org.uk